Eligibility for Gratutity
Querist :
Anonymous
(Querist) 07 July 2011
This query is : Resolved
Dear Lawyers,
I have 2 queries
Query1: i am eligible for a bonus amount of 56000 in the year 2008. My Manamgent has given a letter but the amount is not given so far and they have settled the amount for other employees. Now ihave also resigned from the company now, still they have not given the bonus money as part of the final setleent too. what should i do to get it?
Query 2:
I have worked in the company for 4years 11.5 months continuous employment. i resigned 10 days before completing my 5 years but served 1 1/2month notice period there after resignation which means i have compelted 5 years and 1 month.
I claimed for Gratuity but my company is not resoonding to my mails or request.Can anyone help me whether iam eligible to request for it if yes let me know how to proceed further.
Thanks
Jagadeesh
Isaac Gabriel
(Expert) 07 July 2011
You are eligible for gratuity.File a case with the jurisdictional Asst commissioner of labour
Ajay Bansal
(Expert) 08 July 2011
Tell upto what date you were in that service so that period of limitation for filin any matter in court could be knowen.
Raj Kumar Makkad
(Expert) 08 July 2011
1. For your Bonus matter serve a legal notice through your lawyer demanding amount of bonus within a stipulated period failing which file claim before Commission under Payment of Bonus Act.
2. Limitation shall have o be computed coupled with your notice period. It is not understood whether you served during notice period or it was included by you in your entire term of employment which lacks 10 days in completion of 5 years.
Querist :
Anonymous
(Querist) 08 July 2011
Dear Raj Kumar Sir,
I served exactly 4yrs and 11months 15days+ notice period of 45 days. though notice peiord is one month as the client requested i seveved extra 10 days.
Dear Ajay Sir,
I joined the company on 03oct2005 and resigned on 17th sep2010 and my last working day was 26th oct2010 including notice period.
Thanks
Jagadeesh
K.S.Srinivas
(Expert) 09 July 2011
As per payment of gratuity act, a minimum of 5 years service is required to earn gratuity i.e, in the 5th year if the employee has worked for a period of 240 days, the it amounts to completion of 5th year and hence the the employee is eligible for gratuity.
Kamal Prasoon Sinha
(Expert) 11 July 2011
1.) Regarding bonus you have not mentioned what type of bonus is it. I believe it is a Performance bonus, then possibility is there that your performance was not upto the mark so bonus is denied to you. This you need to check with the HR person.
2.) For Gratuity you are 100% elgible. The employer can not deny your claim of bonus.
regards,
Kamal
Querist :
Anonymous
(Querist) 11 July 2011
Dear Kamal Ji,
Yes it is the performance bonus. Based on my performance they have given the letter stating that i am awarded 56,000.00.
But that was not credited till date. This is for the year 2008.
Thaks
Jagadeesh
